Overview

It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Council’s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

Full Product Details

Author:   Hitoshi Nasu
Publisher:   Brill
Imprint:   Martinus Nijhoff
Dimensions:   Width: 16.00cm , Height: 2.50cm , Length: 24.00cm
Weight:   0.785kg
ISBN:  

9789004172265

ISBN 10:   9004172262
Pages:   324
Publication Date:   26 January 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

ACKNOWLEDGEMENTS ABBREVIATIONS TABLE OF CASES TABLE OF TREATIES AND OTHER DOCUMENTS International Treaties Other International Documents LIST OF UN RESOLUTIONS Security Council Resolutions General Assembly Resolutions INTRODUCTION I PEACEKEEPING IN PERSPECTIVE 1. Conflict Prevention and Peacekeeping 2. Concept of Confl ict Prevention 3. Doctrinal Paradigm of Peacekeeping 4. Legal Basis of Peacekeeping within the UN Charter II ORIGINS OF PEACEKEEPING 1. Embryonic Rise of Peacekeeping 2. Emergence of Peacekeeping under Article 11 of the Covenant of the League of Nations 3. Emergence of Forceful Peacekeeping Measures 4. Transformation from Article 11 of the Covenant into Article 40 of the Charter III PEACEKEEPING AS PROVISIONAL MEASURE 1. Types of Provisional Measures 2. Call for Cease-fire 3. Peace Observation 4. Peacekeeping Forces 5. Provisional Territorial Administration 6. Preventive Arms Embargo 7. Peacekeeping and Article 39 of the UN Charter IV Legal Force and Eff ects of Peacekeeping Measures 1. Ambiguity of ‘Calls’ for Provisional Measures 2. Th e Determination of Legal Force 3. Giving Eff ects to the Legal Force 4. Legal Eff ects 5. Peacekeeping and Article 25 of the UN Charter V IMPARTIALITY OF PEACEKEEPING MEASURES 1. Th e Principle of Non-Intervention 2. Internal Armed Confl icts and the Scope of Domestic Jurisdiction of States 3. Defi nition of Intervention and Neutrality/Impartiality 4. Peacekeeping and Article 2(7) of the UN Charter VI ENFORCEMENT OF PEACEKEEPING MEASURES 1. Enforceability of Peacekeeping Measures 2. Conceptual Level Analysis: Peace Enforcement 3. Strategic Level Analysis: The Right of Self-Defence 4. Tactical Level Analysis: Rules of Engagement 5. Legal Constraints on the Use of Force in Peacekeeping 6. Peacekeeping and Article 42 of the UN Charter VII REGULATORY FRAMEWORK FOR PEACEKEEPING 1. Regulation of the Peacekeeping Power 2. Jurisdictional Bases of Peacekeeping 3. Legality of Peacekeeping 4. Legitimacy of Peacekeeping 5. Peacekeeping towards the Responsibility to React and to Prevent 6. Regulatory Criteria for Peacekeeping VIII REGULATORY CONTROL OF PEACEKEEPING 1. Political Control 2. Judicial Control 3. Self-Regulation 4. Towards Better Control of Peacekeeping CONCLUSION BIBLIOGRAPHY INDEX

Reviews

Author Information

Hitoshi Nasu is a lecturer in law at the ANU College of Law, The Australian National University. He received his Ph.D. in International Law from the Faculty of Law, The University of Sydney.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions